brazenandtenured- The American Road to FascismJust posted this piece on ssrn. Here is the abstract: The U.S. Presidential election of 2016 occurred amidst a disturbingly reminiscent coalescence of patterns — the economic displacement of the working class, the protracted paralysis of the legislative branch, the … Continue reading →brazenandtenured
- Final Exams (Suggested Templates)In light of the recent election and the desire of professors to remain relevant, here are some suggested templates for use in drafting final exams within your department. Economics What does the high-end commercial construction business teach us about … Continue reading →brazenandtenured
- This is Not a Law Review ArticleBy Pierre Schlag * March 31, 2016 Keywords: law review article, absurd, cass sunstein Abstract: This short piece [does not] describe the form, structure and vexations of the law review article qua scholarly artifact. It also [does not] contain Professor … Continue reading →Pierre Schlag
- The Law Review ArticleJust posted on ssrn and bepress: The Law Review Article By Pierre Schlag * March 11, 2016 Keywords: law review article, absurd, cass sunstein, Abstract: This very short piece describes the form, structure and vexations of the law review … Continue reading →brazenandtenured
- American Absurd(Pre-order from Amazon)Pierre Schlag
- Dear Black People, Part TwoNine African Americans—a beloved pastor, a track coach, and a grandmother among them—were murdered by a White racist who, in his own words, hoped to spark a civil war and get his country back. It is obvious that the killer/terrorist … Continue reading →Sarah Krakoff
- Dear Black PeopleDear Black People, I just wanted to write to say I am sorry about Michael Brown, Eric Garner, Tamir Rice, and the others too numerous too list. About Brown, the process that resulted in a decision not to indict Darren … Continue reading →Sarah Krakoff
- Coase’s Conception of Production Factor Costs (and the Coasean Challenge)Here I want to lay out Coase’s conception of production factor costs as articulated in The Problem of Social Cost. Coase’s conception of production factor costs has very significant implications for what might be called the “Coasean Challenge”–a challenge which in my view has been … Continue reading →Pierre Schlag
- Coase’s Critique of the Neoclassical Model–Coase Minus the Coase TheoremCoase Minus the Coase Theorem, is among other things an attempt to retrieve the meaning of Ronald Coase’s famous article, The Problem of Social Cost, 3 J. L. & Econ. 1 (1960) As I try to show, Coase advanced a … Continue reading →Pierre Schlag
- Earth Day, Dog Whistles, and Zero Sum PoliticsThe Supreme Court’s decision today in Schuette v. Bamn would seem to have little to do with Earth Day. The Court, in a fractured majority decision, upheld Michigan’s voter-enacted ban on race based affirmative action programs in state institutions, including … Continue reading →Sarah Krakoff
- The American Road to Fascism
Tag Archives: law
The American Road to Fascism
Just posted this piece on ssrn. Here is the abstract: The U.S. Presidential election of 2016 occurred amidst a disturbingly reminiscent coalescence of patterns — the economic displacement of the working class, the protracted paralysis of the legislative branch, the … Continue reading
The Law Review Article
Just posted on ssrn and bepress: The Law Review Article By Pierre Schlag * March 11, 2016 Keywords: law review article, absurd, cass sunstein, Abstract: This very short piece describes the form, structure and vexations of the law review … Continue reading
Posted in Random Jurisprudence, satire, Uncategorized
Tagged absurd, academia, jurisprudence, law, legal academia, Max Stein
1 Comment
American Absurd
(Pre-order from Amazon)
Posted in Experimental, Nature/Culture, Politics, Uncategorized
Tagged absurd, academia, culture, law, politics
1 Comment
Dear Black People
Dear Black People, I just wanted to write to say I am sorry about Michael Brown, Eric Garner, Tamir Rice, and the others too numerous too list. About Brown, the process that resulted in a decision not to indict Darren … Continue reading
Earth Day, Dog Whistles, and Zero Sum Politics
The Supreme Court’s decision today in Schuette v. Bamn would seem to have little to do with Earth Day. The Court, in a fractured majority decision, upheld Michigan’s voter-enacted ban on race based affirmative action programs in state institutions, including … Continue reading
Posted in Nature/Culture, Politics
Tagged climate change, environment, environmental justice, law, nature, politics, race
1 Comment
Gun Culture
Whatever the Second Amendment means, the problem for our society is that we have internalized the notion not only that we have the right to own guns, but we all should actually own one. The NRA’s political and legal successes have … Continue reading
Posted in Nature/Culture, Politics
Tagged cognition, culture, guns, law, politics, presidential election
2 Comments
Quantitative Tie-Breakers (Theory Moves)
Quantitative Tie-Breakers: [kwon-ti-tey-tiv tahy brey-kers] Noun Phrase The fundamental issue in the final stages of appellate adjudication almost always takes the form, “How can something that is inescapably two or more things at once be only just one thing.” (Apologies to Thomas Reed Powell.) … Continue reading
Posted in Experimental, Theory Moves
Tagged jurisprudence, law, Teaching Moment, theory moves
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Could the Gender Gap Save Affirmative Action?
Abigail Fisher sued the University of Texas, Austin, arguing that UT’s admissions policies violate the Equal Protection Clause of the XIVth Amendment. Abigail Fisher is white. UT automatically accepts Texas residents who graduate in the top 10% of their high … Continue reading
David Segal’s Paper Chase and Some Musings on Legal Education
Legal education has changed a lot since its depiction in The Paper Chase, in which the imposing Professor Kingsfield grilled James T. Hart into “thinking like a lawyer.” But you could be forgiven for thinking that all law professors stalk around … Continue reading
Tips for Legal Commentators: How to Talk to the Press
Sometimes, legal commentators (law professors and whatnot) are ambushed by the press asking for commentary on a case just handed down. What to say? Sometimes one just doesn’t know. Here then, by way of suggestion, is a list of plausible … Continue reading
Middleness, Moderation, Compromise, and Other Inflexible Positions
Some Democratic politicians and commentators are wistfully wondering whether Occupy Wall Street and its national counterparts might not be a progressive equivalent of the right’s Tea Party Movement. A bit late–dontcha think? And ironic as well. Because it signifies a … Continue reading
Posted in Politics, Random Jurisprudence, Uncategorized
Tagged law, moderation, politics, pragmatism
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